HomeMy WebLinkAboutORD 2022-047 2020-2022 -(4 k'''�.: ' ' STATE OF HAWAII
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BILL NO. 137
ORDINANCE NO. 22 47
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL TO THE URBAN DISTRICT AT `O`OMA 1ST,NORTH KONA,
HAWAII BY TAX MAP KEY: 7-3-017:024.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at `O`oma 1st,North
Kona, Hawai`i, shall be Urban:
Beginning at the Southwesterly corner of this parcel of land, being also the
Northwesterly corner of Lot 2 and being a point on the Easterly side of Hawai`i Belt
Road (F.A.P. No. F-10 (5)), the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being 9,739.71 feet South
and 8,308.45 feet West and running by azimuths measured clockwise from True South:
1. 167° 13' 58.23 feet along the Easterly side of Hawai`i Belt
Road (F.A.P. No. F-10 (5))to a point;
2. 190° 06' 30" 64.04 feet along the Easterly side of Hawaii Belt
(F.A.P. No. F-10 (5))to a 1/2 inch
Road
pipe (found);
3. 274° 11' 446.24 feet along the Southerly side of Kinoulu
Street to a point;
4. 328° 26' 30" 53.33 feet along the Westerly side of Old
Government Mauka Road to a 1/2 inch pipe
(found);
5. 332° 22' 20.83 feet along the Westerly side of Old
Government Mauka Road to a 1/2 inch pipe
(found);
6. 87° 13' 481.55 feet along Lot 2 and along the remainder of
Grant 4343 to J.M. to J.M. Lilinoe to the
• point of beginning and containing an area of
0.992 Acre.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for thesale or transfer of all of
the proposed lots.
B. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter
165, the Hawaii Right to Farm Act; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: April 6, 2022
Date of 1st Reading: April 6, 2022
Date of 2nd Reading: April 20, 2022
Effective Date: April 29, 2022
REFERENCE Comm. 676
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0.992 ACRES
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0 300 600 900 1,200 1,500
AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAPS
AMENDING THE STATE LAND USE BOUNDARIES MAP
FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT --
AT OOMA 1ST, NORTH KONA, HAWAI'I.
MAP PREPARED BY:
TMK:(3)7-3-017:024 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:October 5,2021
EXHIBIT"A" Kahananui
Map: 21-208
OFFICE OF THE COUNTY CLERK COUNTY ' '
County of Hawaii
COUNTY 0 1't rr I
Kona, Hawai`i
101KIN -4 P • 49
'Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: April 6, 2022 AYES NOES ABS EX
First Reading: April 6, 2022 Chung X
Published: April 15, 2022 David X
Inaba X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: April 20, 2022 9 0 0 0
To Mayor: April 28, 2022
Returned: May 4, 2022 ROLL CALL VOTE
Effective: April 29, 2022
AYES NOES ABS EX
Published: May 13, 2022
Chung X
REMARKS: David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
41011PWIEW
•
C e• " CHAIRPERSON
Approve. Disapproved this
2_0CV\
rr rrday
of fter , 201>" COUNTY CLERK
13 7
Bill No.:
MAYOR, COUNTY OF HAWAII C-676/PC-54
Reference:
Ord No.: 22 47